Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I propose to take Questions No. 2 and 5 together.

As is always the case, I have to emphasise that it is not appropriate for me to comment on the tax affairs of an individual business. I am advised by Revenue that the competent authority agreement with Malta, to which the report refers, was clearly set out as addressing arrangements that would otherwise exploit mismatches between the two countries' rules - specifically their rules on company residence and domicile. The objective of the competent authority agreement was to counteract arrangements that sought to take income out of the charge to tax in Ireland, on the basis that a company was not resident for tax purposes, in Ireland and out of charge to tax in Malta, on the basis the company was not domiciled in Malta. This competent authority agreement addresses issues in which there is a mismatch of residence and domicile provisions, which could otherwise result in double non-taxation.

I am advised by Revenue that this competent authority agreement provision is operating as intended and companies should not be able to avail of double non-taxation, on the basis of a mismatch of residence and domicile provisions. The report provides no evidence that the competent authority agreement was ineffective in achieving this objective. I have repeatedly demonstrated that I am committed to taking action to ensure the Irish tax code is in line with new and emerging international tax standards. The January 2021 update to our corporate tax roadmap outlines actions that have already been taken. The Deputy will be aware as to what many of them are, from the anti-tax avoidance directive, ATAD, work to control foreign company rules, updated transfer-pricing rules and the substantial widening of the scope of the exit tax regime.

It should also be recognised that Ireland has a long-standing general anti-avoidance rule, which goes beyond the stand required in the EU ATAD. It is intended, in the upcoming finance Bill, that we will complete the transposition of the anti-tax avoidance directives with the introduction of interest-limitation rules and anti-reverse hybrid rules. It is intended that these rules will take effect from 1 January, but this work is not complete. As I have set out in the update to the corporate tax roadmap, I am committed to taking many other actions.

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